Hello!

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My name is Jan Westphal, and I am the author of digital content sold through my online store at https://www.janwestphal.site/. I am delighted that you have entrusted me and are interested in purchasing from my store.

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The store currently operates as an unregistered business according to Article 5 of the Polish Entrepreneurs' Law, conducted by an individual: Jan Westphal, a Polish citizen residing in Gdańsk.

Below you will find the terms and conditions, which include information on how to place an order and conclude a contract, the payment methods available in the store, and the complaint procedure.

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If you have any questions, I am available at aml@janwestphal.site.
Best regards and happy shopping,
Jan Westphal

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§ 1 Definitions

For the purposes of these terms and conditions, the following definitions apply:

• Buyer – a natural person, legal person, or an unincorporated entity,

• Consumer – a natural person entering into a contract with the Seller not directly related to their business or professional activity; the Consumer is also a Buyer,

• An Entrepreneur with Consumer Characteristics (POCK) – a natural person entering into a contract with the Seller directly related to their business activity, where it is evident from the contract that it does not have a professional character for this person, especially regarding their business activity as disclosed in the Central Registration and Information on Business (CEIDG); POCK is also a Buyer,

• Regulations – these regulations

• Store – the online store available at www.janwestphal.site,

• Seller – Jan Westphal, a natural person, Polish citizen, residing in Gdańsk, conducting unregistered business activity in accordance with Article 5 of the Polish Entrepreneurs' Law.

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§ 2 Preliminary Provisions

1. Through the Store, the Seller sells digital content and provides electronic services to the Buyer in accordance with § 3 of the Regulations.

2. The Regulations define the rules and conditions for using the Store, as well as the rights and obligations of the Seller and the Buyer.

3. To make a purchase through the Store, the Buyer does not need to meet any specific technical requirements for their computer or other device. The following are sufficient:

   • Internet access,

   • A standard operating system,

   • A standard web browser,

   • An active email address.

4. To use digital content, the following technical requirements must be met by the Buyer’s computer or other device:

   • Internet access,

   • A standard operating system,

   • A standard web browser,

   • A standard PDF file reader (e.g., Adobe Reader),

   • An active email address.

5. If additional technical requirements are necessary for the use of digital content, these requirements will be specified in the description of the digital content in the Store.

6. The Buyer cannot make purchases anonymously or under a pseudonym.

7. It is prohibited for the Buyer to provide unlawful content, especially by sending such content through forms available in the Store.

8. All prices listed in the Store are gross prices.

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§ 3 Electronic Services

1. Through the Store, the Seller provides electronic services to the Buyer.

2. The primary electronic service provided to the Buyer by the Seller is the ability to place an order in the Store leading to a contract with the Seller. An order can be placed without the need for an account in the Store.

3. If the Buyer decides to create an account in the Store, the Seller also provides the electronic service of setting up and maintaining an account in the Store. The account stores the Buyer’s data and the history of their orders in the Store. The Buyer logs into the account using their email address and a password they define.

4. Creating an account in the Store is done by checking the appropriate checkbox during the order process or filling out the registration form available in the Store. The Buyer can delete the account at any time through the account management panel or by sending a request to the Seller. Deleting the account does not remove information about orders placed using the account, which the Seller will keep for the duration of the Store’s operation unless the Buyer objects to storing this information, and the Seller has no overriding interest in keeping it.

5. Services provided electronically to the Buyer are free of charge. However, contracts for the delivery of digital content concluded through the Store are paid.

6. To ensure the security of the Buyer and the transmission of data in connection with the use of the Store, the Seller implements technical and organizational measures appropriate to the level of risk to the security of the provided services, particularly measures to prevent the acquisition and modification of personal data by unauthorized persons.

7. The Seller takes steps to ensure the proper functioning of the Store. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Store.

8. Any complaints related to the functioning of the Store can be reported by the Buyer via email to aml@janwestphal.site. In the complaint, the Buyer should specify the type and date of occurrence of the irregularity related to the functioning of the Store. The Seller will consider all complaints within 30 days of receiving the complaint and inform the Buyer of the resolution via email.

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§ 4 Intellectual Property Rights

1. The Seller informs the Buyer that the content available on the Store’s pages and the digital content sold through the Store may constitute works within the meaning of the Act of February 4, 1994, on Copyright and Related Rights, to which the Seller holds the copyright.

2. The Seller informs the Buyer that further distribution of content covered by copyright by the Buyer without the Seller’s consent, except for use within the limits of personal use, constitutes a violation of the Seller’s copyright and may result in civil or criminal liability.

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§ 5 Contract Conclusion

1. The Buyer can place an order as a registered customer or as a guest.

2. A registered customer is a Buyer who has an account in the Store. The Buyer can create an account by checking the appropriate checkbox during the order process or filling out the registration form available in the Store.

3. If the Buyer has an account in the Store, they should log in before placing an order. Logging in is also possible during the order process by clicking the link available in the displayed message.

4. An order is placed by filling out the order form after adding the desired digital content to the cart. The form must include the data necessary for order fulfillment. To place an order, acceptance of the Regulations is required, which the Buyer should read beforehand. If there are any doubts regarding the Regulations, the Buyer can contact the Seller.

5. The order process ends by clicking the button finalizing the order. Clicking the button finalizing the order constitutes the Buyer’s declaration of intent to enter into a contract with the Seller for the delivery of digital content.

6. After clicking the button finalizing the order, the Buyer will be redirected to the payment gateway operated by an external payment operator to make the payment for the order.

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§ 6 Payment

1. The only available payment option in the Store is electronic payment.

2. Electronic payments by credit card are handled by Stripe, Inc., located at 510 Townsend Street San Francisco, CA 94103, USA, https://stripe.com/en-pl/privacy https://stripe.com/en-pl.

3. Electronic payments can also be made through PayPal, operated by PayPal (Europe) S.a r.l. & Cie, S.C.A., located in Luxembourg, L-1150, https://www.paypal.com/pl/webapps/mpp/home?locale.x=en_PL.

4. Payments can also be made by bank transfer. Account: PL 10 1050 0145 1000 0097 0443 6832, recipient Jan Westphal, Gdańsk.

5. Invoices are issued automatically for each order and will be delivered to the Buyer via email to the address provided in the order form.

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§ 7 Contract Execution

1. The fulfillment of an order for digital content involves sending an email to the address provided by the Buyer in the order form containing instructions for downloading or accessing the purchased digital content.

2. Access to the content may be time-limited, in accordance with the product description on the Store’s page. In such a case, after the specified period, the Buyer will lose access to the product.

3. For online courses, the Buyer is required to use the course platform in accordance with the law, the Regulations, and good practices, in particular:

   • Use the platform in a way that does not disrupt other users’ use, does not infringe on any rights, goods, or interests of third parties, and does not negatively affect the platform’s functioning, especially through the use of malicious software,

   • Not share their access data to the platform with any third parties,

   • Not distribute the course or its individual parts without the Seller’s prior consent.

4. In case of using the course platform contrary to the above, the Seller reserves the right to block the Buyer’s access to the course.

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§ 8 Consumer and POCK Withdrawal from Contract​

1. A Consumer and POCK who have entered into a distance contract with the Seller have the right to withdraw from the contract without giving any reason within 14 days from the date of the contract.

2. The right to withdraw from a distance contract does not apply to the Consumer or POCK regarding contracts for the delivery of digital content not stored on a tangible medium if the performance began with the explicit consent of the Consumer or POCK before the withdrawal period expired, and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.

3. To withdraw from the contract, the Consumer or POCK must inform the Seller of their decision to withdraw from the contract through an unequivocal statement – for example, a letter sent by mail, fax, or email.

4. To meet the withdrawal deadline, it is sufficient for the Consumer or POCK to send information regarding the exercise of the Consumer or POCK's right of withdrawal before the withdrawal period expires.

5. In the event of withdrawal from the contract, the Seller will refund all payments received from the Consumer or POCK without delay, and no later than 14 days from the day the Seller was informed about the exercise of the right of withdrawal.

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§ 9 Liability for Defects

1. The Seller is obliged to provide the Buyer with digital content free of defects, subject to paragraph 3 below.

2. The Seller is liable to the Buyer if the digital content has a physical or legal defect (warranty for defects), subject to paragraph 3 below. The warranty for defects is excluded concerning Buyers other than Consumers and POCK.

3. If the Buyer finds a defect in the digital content, they should inform the Seller, specifying their claim related to the discovered defect or submitting a relevant statement.

4. The Buyer can contact the Seller via email.

5. The Seller will respond to the complaint submitted by the Buyer within 14 days from the date of receipt of the complaint using the same means of communication by which the complaint was submitted.

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§ 10 Personal Data and Cookies

1. The Seller is the administrator of the Buyer’s personal data.

2. The Store uses cookie technology.

3. Details related to personal data and cookies are described in the privacy policy available on the site.

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§ 11 Out-of-Court Complaint and Redress Mechanisms

1. The Seller agrees to submit any disputes arising from contracts for the delivery of digital content to mediation. The details will be determined by the conflicting parties.

2. The Consumer can use out-of-court complaint and redress mechanisms. Among others, the Consumer can:

• Refer the matter to a permanent consumer arbitration court to resolve a dispute arising from the concluded contract,

• Refer the matter to the provincial inspector of the Trade Inspection for mediation proceedings to resolve the dispute amicably between the Buyer and the Seller,

• Seek assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.​​

More detailed information on out-of-court complaint and redress mechanisms can be found on the website http://polubowne.uokik.gov.pl. The Consumer can also use the ODR platform, available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and entrepreneurs seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales contract or service contract.

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§ 12 Final Provisions

1. The Seller reserves the right to introduce and cancel offers, promotions, and change product prices in the Store without prejudice to the rights acquired by the Buyer, including the terms of contracts concluded before the change.

2. The Seller reserves the right to make changes to the Regulations. For contracts concluded before the change of the Regulations, the Regulations in force on the date of the contract shall apply. Buyers who have a registered user account will be informed of any changes to the Regulations via email to the address assigned to the user account. If the new Regulations are not accepted, the Buyer may delete their user account free of charge.

3. Any disputes related to contracts concluded through the Store will be resolved by the Polish common court competent for the Seller's place of business. This provision does not apply to Consumers and POCK, for whom the court jurisdiction is determined according to general principles.

4. These Regulations are effective from June 28, 2022.